(By Delegates R. Thompson and Perdue)[Introduced January 15, 2003; referred to theCommittee on Political Subdivisions then the Judiciary.]

A BILL to amend and reenact section five, article six, chapter
eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to municipal boundary
adjustments for municipalities located in more than one
county.

Be it enacted by the Legislature of West Virginia:That section five, article six, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted, to read as follows:ARTICLE 6. ANNEXATION.

PART IV. ANNEXATION BY MINOR BOUNDARY ADJUSTMENT.

§8-6-5. Annexation by minor boundary adjustment.(a) In the event a municipality desires to increase its
corporate limits by making a minor boundary adjustment, the governing body of the municipality mayshall apply to: the county
commission of the county wherein the municipality or the major
portion of the territory thereof, including the territory to be
annexed,(1) The county commission wherein the major portion of the
municipality lies; and (2) every county commission where the
territory to be annexed is located, for permission to effect
annexation by minor boundary adjustment. The municipality shall
pay the costs of all proceedings before the commissionaffected
county commissions.(b) In addition to any other annexation configuration, a
municipality may incorporate by minor boundary adjustment: (i)
Territory that consists of a street or highway as defined in
section thirty-five, article one, chapter seventeen-c of this code
and one or more freeholders; or (ii) territory that consists of a
street or highway as defined in section thirty-five, article one,
chapter seventeen-c of this code which does not include a
freeholder but which is necessary for the provision of emergency
services in the territory being annexed.(c) A county commission may develop a form application for
annexation for minor boundary adjustment. An application for
annexation by minor boundary adjustment shall include, but not be
limited to:(1) The number of businesses located in and persons residing
in the additional territory;(2) An accurate map showing the metes and bounds of the
additional territory;(3) A statement setting forth the municipality's plan for
providing the additional territory with all applicable public
services such as police and fire protection, solid waste
collection, public water and sewer services and street maintenance
services, including to what extent the public services are or will
be provided by a private solid waste collection service or a public
service district;(4) A statement of the impact of the annexation on any private
solid waste collection service or public service district currently
doing business in the territory proposed for annexation in the
event the municipality should choose not to utilize the current
service providers;(5) A statement of the impact of the annexation on fire
protection and fire insurance rates in the territory proposed for
annexation;(6) A statement of how the proposed annexation will affect the
municipality's finances and services; and(7) A statement that the proposed annexation meets the
requirements of this section.(d) Upon receipt of a complete application for annexation by
minor boundary adjustment, thea county commission shall determine
whether the application meets the threshold requirements for consideration as a minor boundary adjustment including whether the
annexation could be efficiently and cost effectively accomplished
under section two or four of this article.(e) If the application meets the threshold requirements, the
a county commission shall order publication of a notice of the
proposed annexation to the corporate limits and of the date and
time set by the commission for a hearing on the proposal.
Publication shall be as in the case of an order calling for an
election, as set forth in section two of this article. A like
notice shall be prominently posted at not less than five public
places within the area proposed to be annexed.(f) In making its final decision on an application for
annexation by minor boundary adjustment, the county commission
shall, at a minimum, consider the following factors:(1) Whether the territory proposed for annexation is
contiguous to the corporate limits of the municipality. For
purposes of this section, "contiguous" means that at the time the
application for annexation is submitted, the territory proposed for
annexation either abuts directly on the municipal boundary or is
separated from the municipal boundary by an unincorporated street
or highway, or street or highway right-of-way, a creek or river, or
the right-of-way of a railroad or other public service corporation,
or lands owned by the state or the federal government;(2) Whether the proposed annexation is limited solely to a division of highways right-of-way or whether the division of
highways holds title to the property in fee;(3) Whether affected parties of the territory to be annexed
oppose or support the proposed annexation. For purposes of this
section, "affected parties" means freeholders, firms, corporations
and qualified voters in the territory proposed for annexation and
in the municipality and a freeholder whose property abuts a street
or highway, as defined in section thirty-five, article one, chapter
seventeen-c of this code, when: (i) The street or highway is being
annexed to provide emergency services; or (ii) the annexation
includes one or more freeholders at the end of the street or
highway proposed for annexation;(4) Whether the proposed annexation consists of a street or
highway as defined in section thirty-five, article one, chapter
seventeen-c of this code and one or more freeholders;(5) Whether the proposed annexation consists of a street or
highway as defined in section thirty-five, article one, chapter
seventeen-c of this code which does not include a freeholder but
which is necessary for the provision of emergency services in the
territory being annexed;(6) Whether another municipality has made application to annex
the same or substantially the same territory; and(7) Whether the proposed annexation is in the best interest of
the county as a whole.(g) If thea county commission denies the application for
annexation by minor boundary adjustment, thea county commission
may allow the municipality to modify the proposed annexation to
meet the commission's objections. TheA commission must order
another public hearing if significant modifications are proposed.(h) The final order of thea commission shall include the
reasons for the grant or denial of the application.(i) The municipality applying for annexation or any affected
party may appeal thea commission's final order to the circuit
court of the that county. in which the municipality or the major
portion thereof, including the area proposed to be annexed, is
located. TheA county commission may participate in any appeal
taken from its order in the same manner and to the same extent as
a party to the appeal. The order may be reviewed by the circuit
court as an order of a county commission ordering an election may
be reviewed under section sixteen, article five of this chapter.

NOTE: The purpose of this bill is to provide a procedure for
municipal boundary adjustments for municipalities located in more
than one county.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.